US directors are put at increasing risk of liability in today's culture of compliance, particularly as regulators worldwide sharpen their focus on the corporate board's role in a company's affairs. In this context, our lawyers' chapter in Global Investigations Review's The Practitioner's Guide to Global Investigations examines fiduciary duty and strategic considerations of which directors should be especially mindful. The chapter covers:
- Directors' fiduciary duties
-
- Duty of care
- Duty of loyalty
- Oversight obligations under US securities laws
- Liability for breach of fiduciary duties
-
- Caremark claims in private civil actions
- The business judgment rule
- Regulatory enforcement actions
- SEC Whistleblower Program
- Duty of oversight in investigations
- Strategic considerations for directors
Note: The chapter is an extract from the fifth edition of The Practitioner's Guide to Global Investigations. The whole publication is available at https://globalinvestigationsreview.com/guide/the-practitioners-guide-global-investigations/2021
Downloads – Download Document
Visit us at mayerbrown.com
Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© Copyright 2020. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
